The acceptance of explaining a prior divorce claim after stating 'You are divorced with one divorce before it, then a divorce.'
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a husband states, "You are divorced with one divorce before it, then a divorce," and then claims he intended to mean that he divorced her in a previous marriage or that a former husband divorced her, this is accepted concerning the hidden intention (din) based on three scholarly opinions regarding its acceptance in a judicial ruling. The first opinion states it is accepted. The second states it is not accepted. The third states it is accepted only if such a prior divorce actually occurred; otherwise, it is not accepted.
Supporting text
The sounder position is that the explanation is not accepted if the prior divorce did not occur, because his statement (that a prior divorce occurred) cannot be verified or sustained.